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the grace of the Divine goodnefs, manifeft figns have been given of a certain difpofition to restore peace and quiet fo much defired by the whole Chriftian world, but more especially by us, for the fake of what our dominions have respectively fuffered. And whereas plenipotentiaries have been named by fome of the principal powers engaged in the war, with fufficient authority to treat of peace, which is to be entered into with mutual friendship; we therefore being willing on cur part to concur in fo laudable and glorious a defire, have determined to nominate, as we do, by virtue of thefe prefents, nominate you Don Francifco Maria de Paula, Tellez Giron, Venavides, Carrillo and Toledo, Ponce of Leon, Duke of Offuna, our coufin, Count of Uzena, Marquis of Pennafiel, one of the first nobles of my bed-chamber, and great chamberlain, notary major of my kingdoms of Caftille, Clavero mayor and commander of the fame order, and of the ufagre of the Order of St. James, captain of my royal life-guards; Don John de Browkoven, Count of Bergueych, our counsellor and minifter of war, and fuperintendant general of our finances in Flanders; and Don Ifidore Cazade de Rofales, Marquis of Monteleon, our kinfman, and fenator in cur royal council of the Indies, our ambaffadors and plenipotentiaries: Because we know that your perfons are adorned with prudence, experience, zeal, and love for our intereft, and the high qualities which are chiefly neceffary to the direction and difpofal of an affair of fo great and important a confequence; we therefore charge and command you, that you immediately repair to the congrefs at Utrecht, which is the place appointed for treating of peace; that you may there, together with the plenipotentiaries appointed by the Kings and Potentates concerned, and provided with fufficient authority and inftructions, enter into, and be impowered to enter into conferences or agreements of a particular or general peace; and we do grant full and intire power and authority to you the Duke of Offuna, the Count of Bergueych, and Marquis de Monte
leon, to you all three together, or to two of you, in cafe of the abfence or infirmity of the other, or to one alone, in cafe of the abfence or infirmity of the other two, to enter into, conclude, and fign in our name, a treaty of peace between us and the other Kings and Potentates in war, jointly with them all, or feparately with any one of them, and to agree upon, conclude, fubfcribe, and deliver all inftruments neceffary on this occafion, and in general to do, promife, and ftipulate fuch acts and declarations as fhall be neceffary to the exchange of what shall be agreed upon, and all other things whatfoever, which any way conduce or relate to the conclufion or negotiation of peace, although they are not expreffed here, and with the fame power, authority, and fulness, as we ourselves could do, if we were prefent; and even in those affairs and acts which may require a more special and express command than is contained in these full powers: and whatsoever you three, or two of you, in cafe of the absence or fickness of one of you, or one alone, in the like cafe of the abfence or ficknefs of the other two, as is abovefaid, fhall do, treat, promife, conclude, and corroborate with your fubfcription, we engaging our faith and Royal word, do promife to confirm and ratify, without any diminution, with the oaths and other folemnities requifite and neceffary in fuch a cafe, within the time which fhall be figned reciprocally by the plenipotentiaries at the faid congrefs. In witnefs whereof, and for the greater force and validity of the fame, we have ordered to be dispatched, and have dispatched thefe prefents, figned with our hand, fealed with our privy feal, and counterfigned by our underwritten fecretary of state. Given at Madrid, the 28th day of December 1711.
I the KIN G.
[The following is printed from the copy published by authority in 1714.]
Treaty of Navigation and Commerce between the most Serene and moft Potent Princess Anne, by the Grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. and the most Serene and most Potent Prince Philip the Vth, the Catholic King of Spain, concluded at Utrecht, the Day of December 1713.
ANNE, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the faith, &c. To all and fingular to whom these prefents shall come, greeting. Whereas the Right Reverend Father in God, our right trufty and well-beloved counsellor, John Bishop of Bristol, our ambaffador extraordinary and plenipotentiary, dean of Windfor, and register of our most noble Order of the Garter, did on our part, together with the plenipotentiaries of his Catholic Majefty, conclude and fign at Utrecht, on the day of December 1713, a treaty of commerce between the fubjects of Great Britain and Spain, as follows:
A good and firm peace, and a true and fincere friendship, having, by the merciful affiftance of God, been happily established between the most Serene and Potent Prince and Lady, Anne, by the grace of God, Queen of Great Britain, France, and Ireland, &c. and the moft Serene and Potent Prince and Lord, Philip the Fifth, by the grace of God, Catholic King of Spain, &c. and their heirs and fucceffors, kingdoms and fubjects, by a treaty of pacification concluded at Utrecht, the day of the month of July laft paft, their Majefties before all things made it their care, that the mutual advantage of their fubjects in matters of trade might be provided for after the best manner; and therefore they moft graciously gave instructions to their ambaffadors extraordinary and ple
nipotentiaries (by whofe means the peace had been happily concluded) to draw up into a folemn treaty of commerce, whatsoever, after all things had been thoroughly confidered at the conferences held for that purpose at Madrid, should seem to conduce most to this good end; the faid ambaffadors therefore, by virtue of their full powers (copies whereof are inferted word for word at the end of this inftrument) agreed upon articles of commerce for the explanation of former treaties, and greater eafe and convenience of trade, in the manner and form following:
I. The treaty of peace, commerce, and alliance, concluded at Madrid, between the crowns of Great Britain and Spain, the day of May, 1667, is ratified and confirmed by this treaty, and, for the greater strengthening and confirmation of the fame, it has been thought proper to infert it word for word in this place, together with the royal schedules or ordinations annexed to it, as follows:
[Here was inferted the treaty of Madrid, 1667; which fee before in this vol. p. 5.]
I Don Brian Johnfon, conful of the English nation, in the best form I can, do declare, that his Majefty hath been pleased to difpatch divers cedulas or grants in favour of the faid nation, whereby they may have a particular judge confervator, that may take cognizance of their caufes, as well being plaintiffs as defendants of the faid nation; and in the articles of peace, in the ninth article, and the thirty-eighth, it is exprefsly ordered and agreed, that they should be kept with all the exemptions granted to the faid English nation, together with the rights and privileges granted to any other nation whatfoever, or to the Hans-cities: as alfo doth appear by another cedula fet forth by the Queen our lady; and thefe Hans-towns have the privilege of a
judge confervator, being either plaintiffs or defendants, as the faid English nation hath, as appears by a copy of the faid cedula, and the cedula which I now prefent and fwear to. Given in Madrid, the twentieth day of March, in the year one thousand fix hundred and feventy. I intreat your lordship therefore, to command the faid cedulas and articles of peace be perused, and to order that they be obferved and executed in all refpects; let thofe of the English nation be either plaintiffs or defendants, providing as much as may be in favour of the faid nation. I afk juftice, &c.
Don Brian Johnfon, Lic.
The Queen Governess.
FOR as much as the merchants of the English nation, which trade in the city of Sevilla, have reprefented, that they receive many vexations from the minifters which refide therein, contravening the articles between this crown and that, humbly intreating me, that for the future they may not be prejudiced in any thing that hath been agreed to or ordered in the articles of the peace, and that I would order the neceffary difpatches to be given for the obfervance thereof: as alfo that the cedulas which the King my Lord (now in glory) granted them, in the year one thousand fix hundred and forty-five, may have their full force and vigour, as being part of the laft treaty adjusted between me and the most Serene King of Great Britain, as is referred to in the ninth article; I have confented thereunto: wherefore I order and command the prefident of the court of Degrees of the city of Sevilla, and all other minifters thereof, to whom belongs the performance of the one and the other, that in all refpects whatsoever they inviolably execute all what is contained in the faid articles of peace, and granted by the cedula referred to, whenfoever they are required by